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Title 3 — The President

Chapter 1 — Presidential Elections and Vacancies

§ 21. Definitions

Statutory text

As used in this chapter the term—

(1)

“election day” means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, “election day” shall include the modified period of voting.

(2)

“State” includes the District of Columbia.

(3)

“executive” means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–389 § 2(a) · 75 Stat. 817

    Enacted · 3 U.S.C. § 21

    Added Pub. L. 87–389, § 2(a), Oct. 4, 1961, 75 Stat. 820

    Source evidence

    Code source credit
    Added Pub. L. 87–389, § 2(a), Oct. 4, 1961, 75 Stat. 820

    Enacted provision · exact public law section
    (a) Chapter 1 of title 3 of the United States Code is amended by adding at the end thereof the following new section: “§ 21. Definitions “As used in this chapter the term— “(a) ‘State’ includes the District of Columbia. “(b) ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

  2. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 § 102(b) · 136 Stat. 4459

    1. Added · 3 U.S.C. § 21

      Pub. L. 117–328, § 102(b), added par. (1)

    2. Redesignated · 3 U.S.C. § 21

      Pub. L. 117–328, § 102(b), redesignated former subsecs. (a) and (b) as pars. (2) and (3), respectively

    Source evidence

    Code amendment note
    Pub. L. 117–328, § 102(b), added par. (1) and redesignated former subsecs. (a) and (b) as pars. (2) and (3), respectively.

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

  3. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 § 104(b) · 136 Stat. 4459

    1. Added · 3 U.S.C. § 21(3)

      Pub. L. 117–328, § 104(b), added par. (3)

    2. Redesignated · 3 U.S.C. § 21(3)

      Pub. L. 117–328, § 104(b), struck out former par. (3), as redesignated from subsec. (b), which read as follows: “ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 117–328, § 104(b), added par. (3) and struck out former par. (3), as redesignated from subsec. (b), which read as follows: “ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

    Enacted provision · exact public law section
    Sec. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2023: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments

2022—Pub. L. 117–328, § 102(b), added par. (1) and redesignated former subsecs. (a) and (b) as pars. (2) and (3), respectively.

Par. (3). Pub. L. 117–328, § 104(b), added par. (3) and struck out former par. (3), as redesignated from subsec. (b), which read as follows: “ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

Executive Documents

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon , by Pub. L. 93–198, title VII, § 711, , 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198.

Credits

1961–2022 · 2 acts
  1. 1961Added Pub. L. 87–389, § 2(a), , 75 Stat. 820
  2. 2022amended Pub. L. 117–328, div. P, title I, §§ 102(b), 104(b), , 136 Stat. 5233, 5235.
Show as published

(Added Pub. L. 87–389, § 2(a), , 75 Stat. 820; amended Pub. L. 117–328, div. P, title I, §§ 102(b), 104(b), , 136 Stat. 5233, 5235.)

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